If I wrongfully fired, what are my options?

I was working at a daycare for the past 8 months. Everything was fine. Then I started having problems with depression and anxiety issues. My doctor and I were having a hard time finding the right amount of medicine to effectively treat the issues at hand. During all that things got really bad at home. I was able to keep that stuff at home and still perform all my job duties. One of the owners of the daycare began talking to me about non-work related things but it was bad stuff. She asked me direct questions. I will not lie so I told the truth. Then on the 16th I went to the ER and voluntarily went to a family crisis treatment center and got my medicine under control and at the most effective dosage. The whole time I was out I was in direct communication with my boss who just kept telling me to get better and not to worry about anything else. I was discharged on the 22nd. On the 23rd. I returned to work only to be fired and told that it was per licensing that they had to fire me. Then she told me about working at another daycare about 10 minutes from my home. If licensing is state then wouldn’t it be statewide meaning I wouldn’t be able to work at any daycare? It just doesn’t make sense to me. So just wanted to see where I stood.

Asked on March 10, 2016 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Employers are not supposed to terminate employees because of their disabilities.  If you think the motivation for the termination was a mental health disability issue, then you could file and ADA or EEOC complaint.  The EEOC is a federal agency that has an online complaint process that it free.  Before you file, reach out to some local or area disability groups.  Many have specific funding for these types of legal issues. 
While you are working on your complaint, you do need funds.  Your employer wants you to get a new job... because the longer your are unemployed, the more your employer will have to potentially pay in unemployment benefits.  So... until you can get another job, you need to go online and file for unemployment benefits with the workforce commission.  They also have an online application process.... which is free.  You won't get benefits immediately... but within a couple of weeks you could have some funds coming in.  It won't make you rich, but it will give you some financial relief.


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